United States Court of Federal Claims, 2014

Strand v. Secretary of Health and Human Services

United States Court of Federal Claims · Decided April 17, 2014 · Nora Beth Dorsey

Opinion

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS No. 08-763V Filed: March 27, 2014

* * * * * * * * * * * * * * * * UNPUBLISHED WENDY N. STRAND, as parent and legal * representative of her minor daughter, A.R.C., * Special Master Dorsey

Petitioner, * Joint Stipulation on Damages;

* Diptheria-Tetanus-Acellular v. * Pertussis (DTaP) Vaccine; Inactive

* Polio Virus (IPV) Vaccine; Measles- SECRETARY OF HEALTH * Mumps-Rubella (MMR) Vaccine; AND HUMAN SERVICES, * Haemophilus Influenzae Type B

* (Hib) Vaccine; Pneumococcal Respondent. * 7-Valent Conjugate (PCV) Vaccine;

* Permanent Spastic Tetraparesis; * * * * * * * * * * * * * * * * Leukodystrophy. Ramon Rodriguez, Rawls, McNelis & Mitchell, P.C., Richmond, VA, for petitioner. Tara J. Kilfoyle, United States Department of Justice, Washington, DC, for respondent.

DECISION 1

On October 27, 2008, Wendy Strand (petitioner) filed a petition on behalf of her minor daughter, A.R.C., pursuant to the National Vaccine Injury Compensation Program. 2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged that as a result of receiving diphtheria-tetanus- acellular pertussis (“DTaP”), inactive polio virus (“IPV”), measles-mumps-rubella (“MMR”), haemophilus influenzae type B (“Hib”), and pneumococcal 7-valent conjugate (“PCV”) vaccines on November 8, 2005, A.R.C. suffered from permanent spastic tetraparesis and leukodystrophy. Petitioner alleges that A.R.C. experienced the residual effects of these injuries for more than six months.

On March 25, 2014, the parties filed a stipulation stating that a decision should be entered awarding compensation.

Respondent denies that A.R.C. suffers from a leukodystrophy, spastic tetraparesis, or a “novel case of vaccination induced central nervous white matter injury,” or that the DTaP, IPV, MMR, Hib, and PCV vaccines are the cause of A.R.C.’s injuries or her current condition. Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the decision of the Court in awarding damages, on the terms set forth therein.

The parties stipulated that petitioner shall receive the following compensation: A lump sum of $155,198.01, for reimbursement of the State of New Jersey Medicaid lien. The award shall be in the form of a check payable to petitioner and

New Jersey Department of Medical Assistance Services P.O. Box 416522 Boston, MA 02241-5522 Telephone: (877) 262-7835 Re: Amaya Covin, Medicaid ID No. 800000030876; and A lump sum of $344,801.99 in the form of a check payable to petitioner as guardian or conservator of the estate of Amaya Covin, for the benefit of Amaya Covin. These amounts represent compensation for all damages that would be available under 42 U.S.C. § 300aa-15(a).

Stipulation ¶ 8.

The undersigned approves the requested amount for petitioner’s compensation. Accordingly, an award should be made consistent with the stipulation.

In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’ stipulation. 3

IT IS SO ORDERED. s/ Nora Beth Dorsey Nora Beth Dorsey Special Master

1 Because this decision contains a reasoned explanation for the undersigned’s action in this case, the undersigned intends to post this ruling on the website of the United States Court of Federal Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any information furnished by that party: (1) that is a trade secret or commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule 18(b). 2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended, 42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa. 3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of notice renouncing the right to seek review.

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